An empirical study on the relationship between intellectual ability and an understanding of the legal process in male remand prisoners

Research conducted in Australia and around the world in the last decade has shown that people with significant intellectual impairments are over-represented in all areas of the criminal justice system. They are particularly over-represented in remand populations appearing before court. Previous research has suggested that as many as one-quarter of offenders facing sentencing in court have difficulty in understanding court procedures and it is suspected that a majority of these individuals suffer a significant intellectual impairment. The purpose of this study was to establish whether remandees with significant intellectual impairments (IQ < 70) have an accurate understanding of the court system. Seventy-four remand prisoners took part in the study. Remandees with an IQ of less than 70 demonstrated a significantly poorer understanding of the court system than those remandees with an IQ of 70 and above. The implications of these results are discussed in relation to the need for law reform and diversionary practices for this population of remandees.

The politics of Indonesia

The Politics of Indonesia is the only book to provide a complete analysis of Indonesian politics, from the declaration of independence until the election of Susilo Bambang Yudhoyono in late 2004. The book examines the underlying themes and tensions that affect Indonesian politics, from the dichotomy between the small wealthy elite and the poverty in which most of the population live to the system of corruption and patronage within which the political system and armed forces operate. Analyzing the role and impact of the military, separatism, the media, law, and the economy on Indonesia, this book provides a topical and thought-provoking guide to one of the regions most populous countries, and the largest predominantly Muslim country in the world.

‘Till death do us part : judging the men who kill their intimate partners

This paper examines the construction of masculinity in judge’s sentencing remarks across seventeen cases of male perpetrated intimate femicide sentenced between March 2005 and May 2007 in the Victorian Supreme Court. Using a narrative analysis of sentencing transcripts it investigates how ideal understandings of hegemonic masculinity are used in judicial decision making to condemn or sympathise with male offenders of intimate femicide. The findings illustrate the profound influence that traditional understandings of masculinity and fatherhood still have on current sentencing practises despite the current climate of homicide law reform both within Australia and overseas. Whilst this paper did not directly assess the impact of recent homicide law reforms, specifically provocation, it is explicitly concerned with the continued influence of gender norms and bias at the sentencing stage of the legal process. As such, it provides a preliminary illustration of the key role that judges play in advocating or rejecting change within the criminal justice system, and more broadly legitimising attitudes about male violence against women throughout society. In condoning the use of extreme violence, in any context, judges send a message to society that such behaviour is either generally or specifically acceptable and accommodated within a legal framework.

Skilling’s martyrdom: The case for criminalization without incarceration

This paper restricts itself to crimes involving corporate fiduciaries taking bad decisions at the expense of shareholders (corporate governance offenses). The arguments do not apply to fraud as moral wrongfulness exists in that case. To the extent that the actions covered by this paper are blameworthy, I argue that this determination must be disentangled from punishment. Disentanglement of blame from deserts suggests a via-media between criminalization and decriminalization - criminalization without incarceration. Accordingly, the legal process stops at the determination of guilt. The paper advances the criminalization debate because it does not get bogged down in the irreconcilable quarrel about whether corporate governance misbehavior ought to be criminalized for deterrence, retribution, or rehabilitation reasons, and whether it achieves any of these purposes. For these offenses, I argue that whichever theoretical justification underpins the decision to criminalize, imprisonment must not follow conviction. The conviction, despite the lack of incarceration, and the consequential sanctions likely to be imposed on the wrongdoer are sufficient to satisfy the three main justifications for criminalization. In appropriate cases, disgorgement of the offender’s gains will aid in the achievement of these objectives. The model proposed by this paper would yield significant savings by reducing prison costs. It would also allow the state to take advantage of the disproportionate cost/burden of conviction on corporate governance offenders. Owing to the offenders’ high earning potential, deterrence can be achieved at lower cost by conviction alone because the cost of incarceration does not have to be borne by the state whereas the destruction of capacity to generate similar (or indeed, any) income has to be suffered by the offender even without going to jail. If the cost of incarceration is the same for offenders with different earning capacities, imprisoning those with very high earning capacities is a waste of social capital if the objectives sought to be achieved by incarceration can be achieved through other means. Further, the cost of a conviction can be predicted with sufficient certainty in the case of white-collar criminals by looking at their earnings history, and in many cases this can be a significant sum. Unlike the common criminal who may not have a similarly predictable earning capacity and therefore suffer the same extent of monetary loss from a conviction, this loss ought to serve the deterrence function without the need for the state to spend money imprisoning the offender. In addition to loss of earning capacity, clawing back ill-gotten gains significantly adds to disutility. The paper is set out as follows: Part II briefly outlines the scope of the wrongs tackled as stemming from the principal-agent relationship in corporate law, and the inability of the law to overcome effectively problems resulting from the collectivization of the principal in that relationship. In Part III, I argue that conviction without imprisonment is a second-best alternative to decriminalization in cases where the conduct is blameworthy, and results in non-consensual harm. Part IV demonstrates the disutility caused by conviction alone to show that the objectives of criminalization can be satisfied without the need for imprisonment. Part V asserts that consequential sanctions like shaming add to the disutility of conviction. Part VI ties the thesis to Skilling’s conviction for bad business judgment devoid of moral wrongfulness to illustrate the problems with conflating blame and punishment. Part VII concludes.

Reconsidering the benefits of equitable classification

A deductive system that enables us to derive many legal rules from a few principles makes the law more, rather than less certain, since this approach parallels the actual process by which judicial decisions are reached. Uncertainty as to the meaning of equity in the law is inevitably . .. due to the absence of legal guidance for the standard of moral values to be observed in transactions . .. 1

An experimental study of low velocity impact response in 2/2 twill weave composite laminates manufactured by a novel fabrication process

A novel fabrication process for advanced composite components—the QuicktepTM process was described. 2/2 twill weave MTM56/CF0300 carbon epoxy composite laminates were manufactured by the Quickstep and the autoclave processes. The response of these laminates to drop-weight low velocity impact at energy levels ranging from 5 to 30 J was investigated. It was found that the laminates fabricated by the Quickstep had better impact damage tolerance than those fabricated by the autoclave. Optical microscopy revealed extensive matrix fracture in the center of the backside of the autoclave laminates indicating the more brittle property of the epoxy matrix cured by the autoclave process. Interfacial shear strength (IFSS) for two composite systems were measured by micro–debond experiments. The MTM56/CF0300 material cured by the Quickstep showed stronger fibre matrix adhesion. Since the thickness and density of the impact targets produced by two processes were different, finite element analysis (FEA) was performed to study the effect of these factors on the impact response. The simulation results showed that the difference in thickness and density affects the stress distribution under impact loading. Higher thickness and lower density caused by processing lead to less endurance to drop weight impact loading. Therefore the better performance of Quickstep laminates under impact loading was not due to the thickness and density change, but resulted from stronger mechanical properties.

Gardner; re BWW: Victorian Supreme Court makes landmark Australian ruling on tube feeding

• The Victorian Supreme Court has decided that artificial nutrition and hydration provided through a percutaneous gastrostomy tube to a woman in a persistent vegetative state may be withdrawn.
• The judge ruled, in line with a substantial body of international medical, ethical and legal opinion, that any form of artificial nutrition and hydration is a medical procedure, not part of palliative care, and that it is a procedure to sustain life, not to manage the dying process.
• Thus, the law does not impose a rigid obligation to administer artificial nutrition or hydration to people who are dying, without due regard to their clinical condition. The definition of key terms such as “medical treatment”, “palliative care”, and “reasonable provision of food and water” in this case will serve as guidance for end-of-life decisions in other states and territories.
• The case also reiterates the right of patients, and, when incompetent, their validly appointed agents or guardians, to refuse medical treatment.
• Where an incompetent patient has not executed a binding advance directive and no agent or guardian has been appointed, physicians, in consultation with the family, may decide to withdraw medical treatment, including artificial nutrition or hydration, on the basis that continuation of treatment is inappropriate and not in the patient’s best interests. However, Victoria and other jurisdictions would benefit from clarification of this area of the law

Superplasticity and cavitation of recycled AZ31 magnesium alloy fabricated by solid recycling process

Superplastic behaviour of Mg-alloy AZ31 was investigated to clarify the possibility of its use for superplastic forming (SPF) and to accurately evaluate material characteristics under a biaxial stress by utilizing a multi-dome test. The material characteristics were evaluated under three different superplastic temperatures , 643, 673, and 703 K in order to determine the most suitable superplastic temperature. Finite Element Method (FEM) simulation of rectangular pan forming was carried out to predict the formability of the material into a complex shape. The superplastic material properties are used for the simulation of a rectangular pan. Finally, the simulation results are compared with the experimental results to determine the accuracy of the superplastic material characteristics. The experimental results revealed that the m values are greater than 0.3 under the three superplastic temperatures, which is indicative of superplasticity. The optimum superplastic temperature is 673 K, at which a maximum m value and no grain growth were observed. The results of the FEM simulation revealed that certain localized thinning occurred at the die entrance of the deformed rectangular pan due to the insufficient ductility of the material. The simulation results also showed that the optimum superplastic temperature of AZ31 is 673 K.

Rapid determination of papaver somniferum alkaloids in process streams using monolithic column high-performance liquid chromatography with chemiluminescence detection

We have combined high-performance liquid chromatography (HPLC) separations using a monolithic column with acidic potassium permanganate and tris(2,2′-bipyridyl)ruthenium(II) chemiluminescence detection in a rapid and highly sensitive method to monitor the process of extracting opiate alkaloids from Papaver somniferum. Due to the high flow rates allowed with the monolithic column and the inherent selectivity of the chemiluminescence reactions, the four predominant alkaloids – morphine, codeine, oripavine and thebaine – were determined in less than 2 min. The results obtained with numerous process samples compared favourable with those of the standard HPLC methodology. Limits of detection were 1 × 10⁻¹⁰ M, 5 × 10⁻¹⁰ M, 5 × 10⁻¹⁰ M and 1 × 10⁻⁹ M, for morphine, codeine, oripavine and thebaine, respectively.

Conceptual framework of the precautionary principle approach in the decision-making process

This article reviews the precautionary principle as an approach in addressing decisions with far reaching environmental consequences under scientific uncertainty. The precautionary principle is intended to assist with structuring environmentally risky decisions toward sustainable development. It responds to the lack of scientific evidence of a potential environmental problem. There is currently no framework to assist with the process indicating the areas of importance and stages of decisionmaking. This paper suggests a framework to assist with the process of decision-making for complex environmental problems. The main areas of concern are the issues relating to the costs, risks, and benefits assessments. The main stages of the framework includes; definition of the problem, analysis of the potential environmental risks, assessments of specific anticipated legal, social, economic, political, and technological impacts, review of the key players (social, organisation and government) obligations, comparison of alternatives available, determination of accountability, implementation, decision making, monitoring and control processes.

Asian socialism & legal change : the dynamics of Vietnamese and Chinese reform

The immense process of economic and social transformation currently underway in China and Vietnam is well known & extensively documented. Less attention has been devoted to the critical process of Chinese & Vietnamese legal change In a unique comparative approach this book analyses recent developments in the legal sphere in China & Vietnam.

Aluminium powder forging process using a rotating platen

A torsional upset forging process is analysed on the basis of plasticity theory for powder metal forging. Torsional upset forging is a process to be performed by rotating a lower die with a punch travelling along the longitudinal direction of a work-piece. In this study, an upper bound analysis considering bulging effect, finite element method simulation (DEFORM3D), and experimental research have been performed for the process. A simple kinematically admissible velocity field for a three dimensional deformation is presented for the torsional upset forging of a cylindrical billet. Distributions of stress, strain, and forging load in the process have been obtained, and compared with those in conventional upset forging. In the process, an increase in a friction factor and rotation speed results in a decrease in magnitude of upset force, dead metal zone, and non-homogeneous deformation. This process can reduce forming load, which leads to improvement of die life, and also reduce bulging effect. In addition, the initial sintered-structure and density distribution is improved by the process and surface defect due to high deformation is decreased.

Numerical investigation of ramp and constant pressurization system during tube crushing process

The requirement for the automotive industry at present and even more so in the future is to simultaneously develop materials, economic forming processes and techniques for weight reduction of the component. To fulfil this need steel manufacturers have developed Advanced High Strength Steels which have high strength and good formability. Due to high strength, material thickness can be reduced without compromising the function of the component. High pressure hydro forming is one process that can be used to produce complex components from these materials. However, reduction in material thickness of these steels does not result in a large decrease of internal fluid pressure and die closing force during tube hydro forming and hence the higher strengths of these steels will require higher pressures. Tube crushing is a process in which the component can be formed with low pressures. In this paper numerical comparison of ramp and constant pressurization system during tube crushing for a TRIP steel is studied. It is proposed that ramp pressure is the best option to obtain a part with accurate geometrical shape from tube crushing with less die closing force. The stress and thickness distribution of the part during tube crushing were critically analysed.